David L. Harper v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 18, 2015

The Court of Appeals hereby passes the following order:

A15A1216. DAVID L. HARPER v. THE STATE.

David L. Harper was convicted of reckless conduct and discharging a firearm on or near a public highway. He later filed a motion to vacate the judgment, arguing that the State’s witnesses had committed perjury.1 The trial court denied the motion, and Harper appeals. We, however, lack jurisdiction. “[A] petition to vacate or modify a judgment of conviction is not an appropriate remedy in a criminal case.” Harper v. State, 286 Ga. 216, 218 (686 SE2d 786) (2009). Any appeal from an order denying such a motion must be dismissed. See id.; Roberts v. State, 286 Ga. 532 (690 SE2d 150) (2010). Because Harper is not authorized to collaterally attack his conviction in this manner, his appeal must be dismissed. See id.; see also Harper v. State, supra at 218 (1); Matherlee v. State, 303 Ga. App. 765 (694 SE2d 665) (2010). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 03/18/2015 Clerk’s Office, Atlanta,____________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

1 Harper also filed a motion for new trial, which the court denied. He did not appeal from that denial.